Johns-Manville Products Corp. v. McClure

At the conclusion of the testimony, appellant, as defendant, moved for a directed verdict in its favor. After the trial judge had indicated an intention to grant the motion, the plaintiff requested, and moved for, a nonsuit. It was granted. The appeal is from the order sustaining the motion.

What happened is shown by the judgment of the trial judge, who stated: “Whereas, after the introduction of all of the testimony and after both the Plaintiff and Defendant had rested the case in the trial of this cause, both the Plaintiff and Defendant requested the Court to give peremptory instructions for…